Amendments V and VI
(Criminal Process)
V
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except
in cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public use,
without just compensation.
VI
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
1. | Assize of Clarendon, 1166 |
2. | The Body of Liberties of the Massachusets Collonie in New England, 1641 |
3. | Earl of Shaftesbury's Trial |
4. | Bill of Rights, sec. 11, 2, 16 Dec. 1689 |
5. | Fenwick's Trial |
6. | Delaware Charter of 1701, ARTS. 5, 6 |
7. | Sir Matthew Hale, History of the Common Law 1713 (posthumous) |
8. | William Hawkins, Pleas of the Crown 2:CH. 25, §§ 99, 100; CH. 46, § 30 1721 ed. |
9. | Sir Matthew Hale, History of the Pleas of the Crown 1736 (posthumous) |
10. | Montesquieu, Spirit of Laws, bk. 6, CH. 2, 1748 |
11. | Brownsword v. Edwards |
12. | John Adams, Instructions of the Town of Braintree on the Stamp Act, 10 Oct. 1765 |
13. | Stamp Act Congress, Declaration of Rights, 19 Oct. 1765 |
14. | William Blackstone, Commentaries, 4:298--307, 317--19, 342--50, 352--55, 1769 |
15. | Continental Congress, Declaration and Resolves, 14 Oct. 1774 |
16. | John Adams, Novanglus, no. 5, 20 Feb. 1775 |
17. | Connecticut Constitutional, 1776 |
18. | Virginia Declaration of Rights, sec. 8, 12 June 1776 |
19. | Delaware Declaration of Rights and Fundamental Rules, 11 Sept. 1776 |
20. | Georgia Constitution of 1777, ARTS. 39, 58 |
21. | Vermont Constitution of 1777, CH. 1, ARTS. 10, 19 |
22. | Debate in Massachusetts Ratifying Convention, 30 Jan. 1788 |
23. | Respublica v. Shaffer |
24. | House of Representatives, Amendments to the Constitution, 17--18 Aug. 1789 |
25. | Holmes v. Comegys |
26. | Commonwealth v. Dillon |
27. | United States v. Insurgents |
28. | State v. Garrigues |
29. | Zephaniah Swift, A System of Laws of the State of Connecticut 2:398--99, 1796 |
30. | State v. Squires |
31. | Respublica v. Gibbs |
32. | People v. Barrett |
33. | United States v. Burr |
34. | United States v. Burr |
35. | United States v. Burr |
36. | United States v. Charles |
37. | Meade v. Deputy Marshal |
38. | People v. Casborus |
39. | State v. Edwards |
40. | People v. Goodwin |
41. | United States v. Miller |
42. | Commonwealth v. Cook |
43. | United States v. Perez |
44. | Crenshaw v. Tennessee |
45. | United States v. Gooding |
46. | United States v. Marchant |
47. | United States v. Saline Bank |
48. | In the matter of Spier |
49. | Sanderson's Case |
50. | Bull v. Loveland |
51. | United States v. Shive |
52. | Joseph Story, Commentaries on the Constitution 3:§§ 1778--83, 1785--87, 1833 |
53. | United States v. Gibert |
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